FOIC decision to release Newtown tapes prompts appeal

FOIC decision to release Newtown tapes prompts appeal

September 26, 2013 10:07AM
By MICHAEL MELIA
Associated Press

HARTFORD — The prosecutor leading the investigation into last year’s massacre at Sandy Hook Elementary School plans to appeal a decision by the state’s Freedom of Information Commission to release 911 tapes from the shooting.

The commission on Wednesday ruled in favor of The Associated Press, which sought access to records withheld by investigators. The recordings will not be made available immediately, but Danbury State’s Attorney Stephen Sedensky III said the decision will be appealed in Connecticut’s courts.

Sedensky argued that the calls should be exempt from public information laws because they contain information that could be used in a law enforcement action.

He contended that releasing them could subject witnesses to harassment from conspiracy theorists and violate survivors from the school who deserve special protection as victims of child abuse.

Owen Eagan, the chairman of the commission, said Sedensky did not make clear in his previous testimony how the information might be used or how its release could damage an investigation in which no arrests are anticipated.

“You never even reviewed the tapes,” Eagan said, reminding Sedensky of his testimony from June.

“This is a case about crime victims and witnesses who shouldn’t have to worry that their calls for help in their most vulnerable moments will become fodder for the evening news,” Sedensky said.

After hearing from lawyers from both sides during the hour-long session, the commissioners unanimously agreed to accept an earlier recommendation from a hearing officer, Kathleen Ross, who dismissed each of Sedensky’s arguments for withholding the tapes.

On the day of the shooting, the AP requested documents, including copies of 911 calls, as it does routinely in news gathering, in part to examine the police response to the massacre that sent officers from multiple agencies racing to the school. If the recordings are released, the AP would review the content and determine what, if any, of it would meet the news cooperative’s standards for publication.

The town’s police department denied the AP’s request, and the AP appealed to the FOI commission.

Although 911 calls are typically released, Sedensky directed Newtown police not to turn over the recordings while the inquiry was underway. In testimony in June before a hearing officer for the commission, Newtown’s police chief said a search for the records was not conducted until three days before his appearance at the FOI commission hearing.

A Connecticut law passed earlier this year in response to the massacre creates exemptions to the freedom-of-information law for the release of photographs, film, video and other images depicting a homicide victim if those records constitute “an unwarranted invasion” on the privacy of the surviving family members. It also created a one-year moratorium on the release of certain portions of audiotape and other recordings — with the exception of 911 tapes — in which the condition of a homicide victim is described.